The Dilemma and Outlet of the Criminal Responsibility of the Network Rumor Platform

Abstract

The definition of criminal responsibility of network rumor platform is the core proposition of cyberspace governance in the digital era. At present, China's network platform plays the dual role of information intermediary and content regulator in rumor governance, but the identification of criminal responsibility is faced with two major difficulties: first, the legal obligation is not clear, the conflict between law enforcement and privacy protection; second, the subjective "knowing" proof is difficult, and the lack of unified provisions on the connotation and proof standard of "knowing", leading to the imbalance risk of responsibility expansion or restriction in judicial practice. By comparing external experience, propose the localization improvement path: firstly, clarify the platform obligation boundary, balance law enforcement cooperation and privacy protection through quantitative technical standards and stratified data transfer rules; secondly, optimize the identification mechanism of "knowing", introduce the distinction standard between "actual knowing" and "should know", and construct the "preliminary proof-proof transfer" rules, combine the expert jury system and block chain storage technology to strengthen the objectivity and scientificity of judicial recognition.